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1982 SCMR 729

ABDUL AZIZ AND Others vs DEPUTY COMMISSIONER/COLLECTOR, RAHIMYAR

Citation1982 SCMR 729
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 768 of 1981 Writ Petition No. 2196 of 1978
Date1981-10-25
Judge(s)Nasim Hasan Shah, Karam Elahi Chauhan
ResultLeave granted

ORDER

1. NAIM HASAN SHAH, J.-The question raised is that the authorities under the Colonization of Government Lands (Punjab) Act, 1912 did no have the power to direct the dispossession of the petitioners and the delivery of possession of the land in dispute to the respondents under the provision of sections 19 and 32 of the said Act because it is contended that the aforesaid sections could not be used for settling private dispute of title. In this connection reference is made to Ata Muhammad and others v. Mst. Khurshid Begum (PLD 1964 Lah. 224) which in turn refers to Ali Muhammad v. Hakim (AIR 1928 Lah. 121) and Jiwana v. Mst. Sahbi (PLD 1954 Lah. 253). Although the learned counsel for the respondents attempted to meet this plea by referring to Ghulam Basul and others v. Muhammad Anwar and others (1969 SCMR 254), Abdul Shakoor and others v. A. S. Tasneem and others (1974 SCMR 463) and Muhammad Shafi and others v. Hayat Khan and others (PLD 1978 Lah. 1228), we consider that the point raised does involve a substantial question of law of general public importance. We, accordingly, grant leave to appeal.

2. Security in the sum of Rs. 2,000.

3. Interim order dated 9-9-1981 to continue meanwhile. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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